BILL NUMBER: SB 945	CHAPTERED  09/08/00

	CHAPTER   365
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 7, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	PASSED THE ASSEMBLY   AUGUST 10, 2000
	AMENDED IN ASSEMBLY   MAY 24, 2000
	AMENDED IN SENATE   JANUARY 24, 2000

INTRODUCED BY   Senator Vasconcellos

                        FEBRUARY 25, 1999

   An act to amend Section 1171 of the Labor Code, and to amend
Section 634.5 of the Unemployment Insurance Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 945, Vasconcellos.  Employment.
   (1) Existing law governing employment prescribes wages, hours, and
working conditions for all employees in the state except individuals
employed as outside salesmen.
   This bill would additionally except from those employment law
provisions individuals participating in a national service program,
such as AmeriCorps, carried out using specified federal assistance.
This bill would require, however, that those participants be
informed, prior to the commencement of their service, of any
requirement to work in excess of 8 hours per day, or 40 hours per
week, or both, and that those participants be allowed to opt out of
the national service program at that time.  This bill would also
prohibit discrimination against participants for refusing to work
overtime for a legitimate reason.
   (2) Existing law governing unemployment insurance defines
"employment" for those purposes, and with respect to certain public
entities and certain nonprofit organizations, exempts from that
definition certain specified services.
   This bill would add as exempted services in this regard service
performed as a participant in a national service program carried out
using specified federal assistance.
   (3) This bill would state legislative findings, declarations, and
intent in this regard.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) That AmeriCorps is a unique and valuable program created by
the United States federal government that seeks to provide young
Americans opportunities to engage themselves in volunteer service in
their communities, while earning credits toward their college or
university education and being provided with living allowances
including benefits and workers' compensation coverage.  Because
AmeriCorps participants become involved in unpredictable service
commitments (from individual to community emergencies), their hours
of service are irregular at times.
   (b) There are now approximately $32 million of federal funds
coming into California supporting 60 different and distinct
AmeriCorps programs with nearly 9,400 participants.
  SEC. 2.  (a) The Legislature hereby intends to recognize the unique
and valuable character of the AmeriCorps program, and its 60
programs now operating in California, and to assure their ready
operation by providing them a unique exemption from the California
wage and hour law and an exemption from state unemployment insurance
laws.
   (b) In so doing, it is not the intention of the Legislature to
create any precedent that would otherwise curtail the full operation
of California's wage and hour law or its unemployment insurance laws.

  SEC. 3.  Section 1171 of the Labor Code is amended to read:
   1171.  The provisions of this chapter shall apply to and include
men, women and minors employed in any occupation, trade, or industry,
whether compensation is measured by time, piece, or otherwise, but
shall not include any individual employed as an outside salesman or
any individual participating in a national service program carried
out using assistance provided under Section 12571 of Title 42 of the
United States Code.
   Any individual participating in a national service program
pursuant to Section 12571 of Title 42 of the United States Code shall
be informed by the nonprofit, educational institution or other
entity using his or her service, prior to the commencement of service
of the requirement, if any, to work hours in excess of eight hours
per day, or 40 hours per week, or both, and shall have the
opportunity to opt out of that national service program at that time.
  Individuals participating in a national service program pursuant to
Section 12571 of Title 42 of the United States Code shall not be
discriminated against or be denied continued participation in the
program for refusing to work overtime for a legitimate reason.
  SEC. 4.  Section 634.5 of the Unemployment Insurance Code is
amended to read:
   634.5.  Notwithstanding any other provision of this code or any
other code or law, no provision of this code or any other code or law
excluding service from "employment" shall apply to any public entity
defined by Section 605 or to any nonprofit organization described by
Section 608, except as provided by this section.  With respect to
any public entity defined by Section 605 or any nonprofit
organization described by Section 608, "employment" does not include
service excluded under Sections 629, 631, 635, and 639 to 648,
inclusive, or service performed in any of the following:
   (a) In the employ of (1) a church or convention or association of
churches or (2) an organization which is operated primarily for
religious purposes and which is operated, supervised, controlled, or
principally supported by a church or convention or association of
churches.
   (b) By a duly ordained, commissioned, or licensed minister of a
church in the exercise of his or her ministry or by a member of a
religious order in the exercise of duties required by the order.
   (c) In the employ of any public entity defined by Section 605, if
the service is performed by an individual in the exercise of his or
her duties as any of the following:
   (1) An elected official.
   (2) A member of a legislative body, or a member of the judiciary,
of a state or political subdivision thereof.
   (3) A member of a State National Guard or Air National Guard.
   (4) An employee serving on a temporary basis in case of fire,
storm, snow, earthquake, flood, or other similar emergency.
   (5) In a position which, under or pursuant to state law, is
designated as either of the following:
   (A) A major nontenured policymaking or advisory position.
   (B) A policymaking or advisory position, the performance of the
duties of which ordinarily does not require more than eight hours per
week.
   (6) As an election official or election worker if the amount of
remuneration reasonably expected to be received by the individual
during the calendar year for services as an election official or
election worker is less than two hundred dollars ($200), provided
that this paragraph shall not take effect unless and until the
service is excluded from service to which paragraph (1) of
subdivision (a) of Section 3309 of the federal Unemployment Tax Act
(26 U.S.C. Sec. 3301 et seq.) applies by reason of exemption under
subdivision (b) of Section 3309 of that act.
   (d) Except as provided by Section 605.5, by an individual
receiving rehabilitation or remunerative work in a facility conducted
for the purpose of carrying out a program of either:
   (1) Rehabilitation for individuals whose earning capacity is
impaired by age or physical or mental deficiency or injury; or
   (2) Providing remunerative work for individuals who because of
their impaired physical or mental capacity cannot be readily absorbed
in the competitive labor market.
   (e) As part of an unemployment work relief or work training
program assisted or financed in whole or in part by any federal
agency or an agency of a state or political subdivision thereof, by
an individual receiving work relief or work training.
   (f) By a ward or an inmate of a custodial or penal institution
pursuant to Article 1 (commencing with Section 2700), Article 4
(commencing with Section 2760), and Article 5 (commencing with
Section 2780) of Chapter 5 of, and Article 1 (commencing with Section
2800) of Chapter 6 of, Title 1 of Part 3 of the Penal Code, Section
4649 and Chapter 1 (commencing with Section 4951) of Part 4 of
Division 4 of the Public Resources Code, and Sections 883, 884, and
1768 of the Welfare and Institutions Code.
   (g) By an individual under the age of 18 years in the delivery or
distribution of newspapers or shopping news, not including delivery
or distribution to any point for subsequent delivery or distribution.

   (h) By an individual in, and at the time of, the sale of
newspapers or magazines to ultimate consumers, under an arrangement
under which the newspapers or magazines are to be sold by him or her
at a fixed price, his or her compensation being based on retention of
the excess of the price over the amount at which the newspapers or
magazines are charged to him or her whether or not he or she is
guaranteed a minimum amount of compensation for the service, or is
entitled to be credited with the unsold newspapers or magazines
turned back.
   (i) As a substitute employee whose employment does not increase
the size of the employer's normal work force, whose employment is
required by law, and whose employment as a substitute employee does
not occur on more than 60 days during the base period, except that
this subdivision shall not take effect unless and until the United
States Secretary of Labor, or his or her designee, finds that this
subdivision is in conformity with federal requirements.
   (j) As a participant in a national service program carried out
using assistance provided under Section 12571 of Title 42 of the
United States Code.
   This section shall become operative on July 1, 1978.
